A No-win, No-fee is an agreement between the claimant and personal injury lawyer, which bars the lawyer from earning the contingency fee in case of claim failure. This policy helps the client to pursue legal action again without risking their finances. Here are 5 things one must know about the policy:

What to do if ‘no win, no fee’ claim is successful?

After we get to know that our claim is successful, we will need to cover all the legal costs incurred during the process. It will be recovered from the defendant, who was responsible for your injury. Your lawyer will fight to his full extent to ensure you receive all your long-term compensation related to your lost income and all the costs involved until you are recovered.

After the settlement, you will need to pay your lawyer legal fees as well as the upfront insurance cost from the awarded compensation. The insurance amount is payable to the success of the claim only.

How do we know if a ‘no win, no fee’ claim work?

The No-win No-Fee policy states that no-win-no-fee lawyers will take out an insurance policy on their behalf to facilitate legal expenditure costs for the compensation claim process. These costs will include court fees and other expenses.

Before making the compensation claim process, the lawyer will evaluate the strengths and weaknesses of a claim to decide the prospect of success and failure. If he finds a realistic possibility of securing compensation, he may continue to fight for them on a No Win No Fee basis.

Things to do after the claim is unsuccessful.

Based on No Win, No Fee policy, the claimant has to pay nothing unless they are not fraudulent and have cooperated with their advocate during the claiming process. While generally everyone pursues the claim to succeed but, in some instances, the claim fails. The person could be forced to pay costs related to the claim process or lawyer fees.

The personal injury lawyer covers their expenses with their covers. While it may be disappointing, but still the claimant has another chance because of No Win No Fee to reapply their claim from a third-party lawyer who they feel is capable of forming a proper strong case in front of the law.

When am I responsible for paying costs if my claim fails?

Regarding the stringent rules of No win No Fee policy, a claimant who is right in front of the law and has honestly cooperated with the lawyer is free from paying any cost to anyone in the outset of failed claims. Lawyers will check if the claimant is falsely pursuing a claim. If he finds out that the documents or details are incorrect, they can recover the costs.

In situations where the claimant is not available to sign authority or proper medical assessment tests are not provided before court deadline, the claims will be unsuccessful due to the claimant’s fault. In this case, the lawyer will charge incurred costs and legal fees from the claimant.

When can you cancel a No Win No Fee agreement?

There are scarce chances for a claimant to cancel a No Win No Fee policy or agreement with the personal lawyer. But there is also a facility to cancel this agreement within the first 14 days after signing. This will be a cooling-off period in which no fees would be payable to the advocate. If the claimant is cancelling after 14 days, then they will have to pay legal fees to their lawyer to recover the costs they have undertaken to claim their compensation.

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https://www.lawresolution.com/blog/no-win-no-fee-policy-5-things-you-need-to-know/EditorThu, 28 May 2020 06:04:42 -0400Officials Push Manufactured Home Zoning Changes to Increase Affordable HousingThe affordable housing crisis appears to be reaching critical mass, and officials are now turning their attention to zoning laws in an effort to encourage cost-effectively manufactured homeownership for working families.

The American dream has turned into something of a nightmare. The rising cost of homes has reportedly become so burdensome that upwards of 43 million households squander money renting. According to reports, that number has increased from only 36 million in 2003. That’s largely because they cannot adequately meet the financial obligations of owning their own home.

Habitat for Humanity sponsored Harvard University’s Joint Center for Housing Studies 2019 State of the Nation’s Housing report and published startling information about the affordable housing crisis.

“More than 18 million households — 1 in 6 — are paying more than half of their income on housing and are considered severely cost-burdened,” a Habitat for Humanity summary of the report states. “The largest share of these households includes 9.5 million renters earning less than $30,000 per year and 5.4 million homeowners earning less than $30,000. Severe cost burdens also affect 1.1 million homeowners earning between $30,000 and $44,999, 927,000 renters earning between $30,000 and $44,999, and 731,000 homeowners earning between $45,000 and $74,999.”

This affordable housing crisis not only impacts low-income families. College-educated Millennials, who comprise the largest single demographic in the workforce, are grossly overburdened with student loan debt. The average salary of households headed by Millennials was approximately $69,000 against a median single-family home hovering at $300,000, according to the U.S. Census Bureau. It’s easy to see why more and more Americans are struggling to afford a home of their own.

By contrast, manufactured homes can be purchased new at a fraction of the cost as existing site-built ones. These off-site built structures adhere to strict federal quality construction guidelines. Pre-built single section homes run about $63,000, which is lower than the average annual salary of Millennials. The larger double section homes are an affordable $109,000 on average, which is well within many working families’ reach. The cost-effective difference has garnered the support of U.S. Secretary of Housing and Urban Development Ben Carson, who has been pressing federal, state, and local decision-makers to reconsider zoning prohibitions.

“We’re having a significant problem in our country right now with affordable housing and also with resiliency,” Sec. Carson reportedly said at the Innovative Housing Showcase event co-hosted by the National Association of Home Builders (NAHB). The HUD chief pushed the political point that “many zoning barriers are based on outdated thinking.”

“That’s one of the reasons that we’re having this display, so not only that people can see this and disabuse them of the notions that manufactured housing are trailers and trailer parks and seeing what can actually happen here,” Carson reportedly said. “I’m standing inside of a manufactured home right now — it’s a beautiful place. It has a living room area, three bedrooms, kitchen, couple of bathrooms. And yet you know the cost of this is 30 to 40 percent less than a site-built home.”

California ranks among the most challenging places to afford a traditional site-built home. But massive wildfires decimating communities and the nation’s worst homelessness crisis have areas once considered purely high-end making zoning changes. San Mateo County struggled with an average single-family home costing upwards of $1.2 million in 2017. In an effort to make the American dream a reality for residents of the Golden State, zoning regulations were updated to allow manufactured home neighborhoods. The planning and zoning board carved out a Mobile Home Zoning District that delivered economic justice, as well as affordable housing.

“The county recognizes, as the state does, that these are a unique form of housing that should be recognized and regulated for what it is,” a planning board member reportedly said. “Part of the recognition is that they’re residences and have been located in residential areas for a very long time.”

In areas destroyed by wildfires such as Paradise, California, families who lost their properties face increased materials and labor costs that sometimes exceed insurance coverage. People who rebuilt following the fire saw a 22-percent uptick in new construction costs. At nearly $200 per square foot, many previous homeowners were being priced out. The town’s planning and zoning took that and other factors into consideration. The board opened the doors for residents to restore the community with more manufactured homes, under the stipulation they are direct from the factory.

“We really struggled with those decisions that we knew could price some people out of our town,” Planning Commissioner Stephanie Neumann reportedly said about limiting mobile homes on properties. “But we just didn’t feel comfortable not knowing what shape these homes would be in, and that they wouldn't be financeable to sell in future.”

The planning and zoning board took additional steps to improve home safety regarding wildfires. More manufactured homes will be outfitted with fire-resistant materials and metal roofs.

Although California has removed manufactured home zoning barriers due to extreme necessity, the cost-effective numbers tell the story. Site-built construction costs and national affordable housing shortages diminish the quality of life of everyday people. As officials loosen zoning laws to include manufactured products, the American dream of owning your own home becomes possible for more hard-working families.

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https://www.lawresolution.com/blog/officials-push-manufactured-home-zoning-changes-to-increase-affordable-housing/EditorSat, 23 May 2020 12:09:00 -04005 Ways a Good Family Lawyer Can Help You in Family LitigationsIn the event of family litigation, what do you do first? One of the most important things to do is to find a good family lawyer. It seems an obvious course of action. However, the truth is that there are people in Perth and across Australia who don’t hire a family lawyer for their own personal reasons. Sometimes, doing this can produce favourable results. More often than not, however, it will end unfavourably.

That’s why it’s still best to work with family lawyers Perth residents trust. A good family lawyer can provide you with more than just legal advice regarding divorce, child custody, and other family law issues. Below, we discuss a few ways how a good family lawyer can ensure that your best interests and rights are protected.

They Can Help You Understand the Law

A good family lawyer can help you have a better understanding of family law. If there are loopholes or technicalities in your case, they are equipped with the knowledge and experience to spot and rectify them. If you don’t hire a family lawyer, you’re likely to miss important details that can spell the difference between a good and a bad outcome. A family lawyer can also help prepare you for the aftermath. They can even give you an idea of what the likely outcome of the litigation will be.

They Can Help You Avoid Misrepresentation

Different Australian territories have different provisions and procedures when it comes to the law, including family law. You may be familiar with child support laws in Sydney, but Perth has its own set of rules (no matter how subtle the difference). Thus, hiring a family lawyer who belongs to your jurisdiction is key to avoid errors and misrepresentation. A good family lawyer can help you ensure that your case is accepted and heard because they know how to do things the right way.

They Can Provide Impartial Views

When you’re dealing with a turbulent family matter, say a divorce, you often get tunnel vision. You only see what’s ahead of you and forget about supporting facts that may be lying on the sidelines. With the help of a family lawyer, you won’t lose sight of the facts. More importantly, your lawyer can ensure that all these facts are presented and properly articulated without traces of personal opinion. Working with a good family lawyer also increases your chances of winning a case because they understand which points have more bearing.

They Can Provide Emotional Support

The problem with family litigations is that the people who are supposed to provide emotional support can also be the same people you’re going against. Obviously, your friends can lend a listening ear and give valuable advice. The thing is, there are times when your friends will only say what you want to hear in a misguided attempt to console you. However, your family lawyer often knows better. They can give you emotional and moral support that’s also practical. If they can’t, they can refer you to a person who can do a better job. Family lawyers also know how emotions can affect decision-making and advise you against making rash choices. Indeed, talking things through with a family lawyer may even help you settle issues without having to go take legal actions at all.

They Can Help You with All Family Matters

Sometimes, people associate family lawyers with specific cases like separation and divorce, or child custody and support. However, family lawyers are experts in all matters that pertain to family law. These include things like prenuptial agreements, child relocation, as well as wills and estates. Family lawyers can also help you with domestic violence. A good family lawyer can ensure that all your bases are covered, so to speak.

In closing, hiring a family lawyer will help take a huge burden off your shoulders. As your lawyer handles the most important matters, you can relax not just physically but also mentally and emotionally. A good family lawyer understands the stakes and will put you in the best position to win a case.

Have you found a family lawyer that you can trust to handle your family litigation? Get in touch with HHG Legal for advice and consultation.

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https://www.lawresolution.com/blog/5-ways-a-good-family-lawyer-can-help-you-in-family-litigations/EditorWed, 06 May 2020 23:14:51 -0400Long Term Consequences of a DWI ConvictionThere are several long term consequences to a DWI conviction. Whenever you’re facing a charge of DUI/DWI always retain the services of an experienced DWI attorney. Below are some of the permanent long term consequences of a DWI conviction

Financial Consequences

DWI convictions are often super costly. On average convictions for driving while impaired cost roughly $10,000.00. Between legal fees, court costs and fines, and insurance increases DWI convictions will cost you more than you think. Here is a breakdown of some of the financial consequences of a DWI conviction.

Increased insurance premiums. Every DWI conviction will result in a substantial insurance increase for a minimum of three years. Additionally, some insurance carriers will no longer insure you at all.

Increased spending on finding alternative rides such as Uber and Lyft while your license is suspended.

Limitations on your job opportunities. Some jobs will not hire a person without a valid driver’s license. Additionally some companies require a background check upon hiring and a DWI conviction may prevent you from passing the background check.

Ignition interlock devices. Some DWI convictions require an ignition interlock device in order to start your car. These devices are costly. A person with a blow and go must pay the installation and monthly service and maintenance fees. A person also pays for each lockout.

Vehicle towing and impound fees. Upon being charged with a DWI the vehicle you were driving is likely going to be towed and impounded. You can best believe that the state charges a hefty fee for their towing and impounding.

Probation supervision fees. If your DWI requires supervised probation in lieu of jail time there are fees associated with being placed on probation. A person on probation will pay a monthly supervision fee.

Substance abuse treatment. In order to restore your driver’s license in many states you will need to complete vigorous substance abuse treatment. Typically a person will need to take an assessment which costs $100.00. Additionally a person will need to pay for each hour of substance abuse treatment. Each hour costs $20.00. Most people will take 20 hours of substance abuse treatment.

Civil lawsuits. Some people who are convicted of a DWI will also face civil lawsuits. For example, while driving drunk, if you hit another person’s car or other property they will likely sue you for the damages. Or even worse if you injure or kill another person that could also result in an even more costly lawsuit.

Other Collateral Consequences

There are also collateral consequences surrounding DWI convictions. Collateral consequences of a DWI conviction is anything other than the punishment itself.

License suspension. Your license will be suspended for a minimum of one year for a first time DWI conviction. Some convictions require an even longer suspension such as a permanent revocation.

Inconvenience. The inconvenience of finding alternative rides. The inconvenience of having a probation officer. The inconvenience of not being able to rent cars or paying extra fees to do so.

Immigration status. Losing your immigration status or rights to stay in America. A conviction for driving while impaired can result in deportation.

Permanent criminal record. In some states such as North Carolina a conviction for driving while impaired cannot be expunged.

Drug testing. While on supervised probation a person is subject to random drug testing. Failing drug tests while on probation can result in jail time.

The consequences for a conviction of driving while impaired are much more extensive than many people realize. Anytime you are charged with drunk driving always retain an attorney. Never try to fight DWI charges alone.

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https://www.lawresolution.com/blog/long-term-consequences-of-a-dwi-conviction/EditorTue, 05 May 2020 00:19:03 -0400Managing Millennials: How Law Firms Can Adapt to the New Generation of EmployeesThe following is adapted from The Case for Culture.

Millennials make up 35 percent of the general workforce and it will not be long before they are the majority, and yet many more-experienced professionals still don’t quite know what to make of them. Stereotypes abound, often negative:

“Millennials are lazy clock-watchers.”

“They hop from job to job.”

“They don’t care about anything.”

In my experience, these stereotypes miss the mark and prevent leaders from seeing the truth: millennials possess many of the best qualities that we seek out the most in employees, they can be tenacious, a drive for justice, and a passion for making the world a better place. As I’ll explore in this article, millennials might, in fact, be exactly what your law firm needs to reach its next level of success.

Decoding Millennials

I used to be very awkward around millennials. We have had many work for our law firm, and we still do. At first they just looked like clock-watching phone zombies to me. They seemed more concerned with lunchtime and running out of the office at 5 p.m. than with working hard. I often struggled to talk to them.

This was a challenging experience for me, as I can usually talk to anybody. I recall being so uncomfortable standing in the kitchen with one of our millennials, pouring myself a coffee while they made avocado toast. I didn’t know what to talk to them about. I just couldn’t relate to someone who had never seen Seinfeld.

Then we hired Lauren. She was a millennial and she was just wonderful. Lauren was one of our early employees and came to us straight out of school. She is smart, calm, soft-spoken, compassionate, and caring. We finally had a millennial I really liked. One day, she was getting up from her desk, ready to head home for the evening. I said, “Lauren, can I talk to you for a minute?”

She looked at me and said, “It’s after 5 p.m.”

Then she gave me a half-apologetic smile and left the office. I couldn’t believe it. Are you kidding? I thought. It was three minutes after five, I was her boss, and I wanted to speak for one minute. I couldn’t understand her mindset. Lauren wasn’t an asshole; she was smart and kind. She cared about our clients and the work. She was the type of person I wanted working for us—in every aspect except for this.

After my indignation wore off, I wondered how I could keep Lauren motivated at work. I wanted her to remain engaged, and, if possible, prevent my head from exploding when she waltzed out at 5 p.m. on the dot.

The Truth about Millennials

The incident with Lauren set me off on a researching spree where I read all I could about millennials and discovered that most, if not all, of the stereotypes are misleading. After learning more, Lauren’s actions even made sense to me. Most millennials don’t let work become their everything. Rather, they want it to be a driving force for a healthy life. Everybody could do with more of that attitude.

In general, millennials are concerned citizens who want to make a positive impact on the world. They are purpose-driven. This means there’s a new generation of lawyers and staff who want to be more humanistic. If your firm has a purpose-driven culture that puts human needs first and lives by a set of values, millennials will embrace that. It will help them feel empowered to positively impact the world in a bigger way than they could ever accomplish alone.

The statistics also say millennials jump around in their jobs. They won’t stay put, and they have no loyalty. When I dug deep into the analysis, though, I discovered that millennials do value stability. They simply won’t stay loyal to a company without a stable, purpose-driven culture. To millennials, culture and purpose are everything.

Why I Want to Hire Millennials and You Should, Too

At my law firm, I want employees who care about their impact on the world. I want people who prioritize their health to prevent burnout. And I respect those who are unwilling to sacrifice their stability to a big, heartless company. Millennials, it turns out, are people I want to be around.

And let’s be truthful, lazy, unmotivated people are not confined to a specific generation. We’ve all seen plenty of these people in their 40’s, 50’s and 60’s in the workplace.

I began to embrace our millennials. I tried to make them feel cared for, so they’d want to stay with our firm. I wanted to create a culture that would keep these hard-working, conscientious people around. In many ways, this led me down a rabbit hole of cultural improvements, which resulted in millennials staying loyal to the firm, and older staff improving their work and their lives.

With our improved age diversity, we became a more creative company. Greater creativity led to less turnover and more profits. It all contributed to our success. If you, too, want to tap into the positive qualities millennials bring to the table, take steps to create a welcoming, creative, and purpose-driven culture. Not only will you attract and retain more millennials, but your overall work environment will grow into a more productive, positive place.

Eric Farber is on a mission to change how law firms operate by showing lawyers the value of putting culture first. During his twenty-five years as a lawyer, Eric has lived the transformation from scarcity to abundance that becomes possible when you shift your perspective and prioritize people. As the CEO and chief legal officer of Pacific Workers’ Compensation Law Center, Eric’s focus on culture helped him build a seven-figure firm that’s gone from four people to forty in just five years, been an Inc. 5000 company twice, was named to the Bay Area 100 list of fastest-growing companies, and spent two consecutive years in the top fifty of Law Firm 500.

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https://www.lawresolution.com/blog/managing-millennials-how-law-firms-can-adapt-to-the-new-generation-of-employees/EditorWed, 29 Apr 2020 22:29:10 -0400How to Support Your Children Through a DivorceAs a loving parent, your natural response is to want to protect your children from any aspects of divorce that they find distressing. While your divorce is necessary — both for your own emotional wellbeing, and your childrens’ long term happiness — it can be difficult to know how best to support your kids during this initial period of upheaval.

You’ll always work hard for your children’s happiness, but there will be mistakes made along the way by both you and your spouse. However, there are some key areas on which you should be focusing to help you and your kids make the best of a difficult situation. Implementing these strategies can help to ensure that your children are well supported during your divorce, and that they have a positive outlook for their future.

Maintain Both Parental Relationships

This can be one of the most difficult aspects of any divorce, but it’s important to remember that just because your relationship with your spouse has broken down, this doesn’t mean that your kids’ connection to their parents should go the same way.

Work as much as possible to ensure that both of you spend an equal amount of time with your children. This isn’t always logistically practical, but efforts should be made to ensure that the kids have ample opportunities to maintain their bond with both father and mother. There will be times, particularly in the early days of the divorce process in which your children may wish to occasionally spend a little more time with a parent, and both the adults in the scenario should make reasonable efforts to accommodate these needs.

It’s also worth noting that technology can play an important role here, too. Encouraging children to make regular video calls via Skype or Facetime with the non-custodial parent can help them maintain a sense of normality at a difficult time — however, these calls should be made in private. Your children should feel they are able to converse with and confide in each parent without the interference of the other.

Build a Culture of Honesty

Most parents going through a divorce instinctively want to reassure their children at what can be a confusing and difficult time. There are areas in which comfort words should be provided; the divorce is not their fault, both parents still love them, and so forth. However, what isn’t helpful to your child is setting unrealistic expectations or sugar-coating the truth. During a divorce, a culture of honesty with your children is crucial.

Encourage them to ask any questions they have, and answer them truthfully but with a degree of sensitivity. There will certainly be bigger, long-term questions to which you won’t have immediate answers — such as how custody arrangements will work, and what will happen during the holidays. If you don’t know the answer to a question, tell them as much, but also let them know what you expect to happen, and what efforts will be made to help them on this front.

It’s worth noting that being honest does not extend to over-sharing. There may be elements of the divorce that are not suitable for children, or may detrimentally affect their opinion of the other parent. Don’t volunteer negative opinions, or conjecture either — this can serve to hurt your children, and could also have consequences on your case.

Encourage Expression

There is bound to be a rollercoaster of emotions, ideas, questions, and fears roiling around your child’s mind during a divorce. This may continue for a long time after the formal process is complete, too. It is imperative that you make it clear that your children are free to express themselves to you.

Why does this need saying? Well, it may be the case that your child is unsure whether their questions are appropriate. They will notice that you are experiencing some emotional turmoil yourself, and might be avoiding the subject in order to prevent causing you further pain. However, keeping their emotions, questions, and fear locked up inside can be damaging to their mental wellbeing.

As adults, we know just how disruptive to other aspects of our lives mental illness can be, both in the short and long term. Giving our mental health priority is a key part of ensuring that we can better handle the daily challenges and tribulations that come our way. The same goes for your children. By providing them with a clear outlet through which to express and discuss their feelings with you, you’re providing opportunities to help ease some of their mental and emotional burden.

Keep the Peace

Aside from the necessity to divorce, there may well be some bad blood between you and your spouse during the process. However, your anger and frustration at your former partner should not be witnessed nor directed toward your children.

Particularly when it comes to divorce advice for men, there is a raft of specific behaviors to avoid, and others to adopt. These not only better support your child at a rough time in their lives, but also to provide you with the best possible chance of achieving a positive outcome to your divorce and custody cases. This includes not apportioning blame for the divorce on your partner in public, and certainly not within earshot of your children. Particularly in our digital age in which your kids may have their own social media accounts, avoid posting negatively about the other parent.

You’re only human, and it’s perfectly natural to feel a sense of loss and resentment. However, bear in mind that your children may be experiencing a more profound loss, and being stuck in the middle of two warring parents will only serve to make them feel scared, unstable, and conflicted. By remaining civil with your spouse during the divorce process, you can help your children to navigate this time without additional and unnecessary strain.

Conclusion

Divorce is rarely a simple matter, fraught with complex emotions and arrangements. The support you give your children at this time is crucial to their continued wellbeing. Help them maintain their individual bonds with both parents, encourage them to speak openly and honestly, and engage only in a civil discourse with your spouse. This isn’t an easy time for you or your kids, but you have the power to act positively.

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https://www.lawresolution.com/blog/how-to-support-your-children-through-a-divorce/EditorWed, 29 Apr 2020 02:57:52 -04004 Reasons It's in Your Best Interests to Get a Criminal Lawyer&rsquo;s HelpThere may come a time when you are mistakenly accused of a crime that you did not commit. And though the truth may be on your side, fighting to clear your name is not an easy thing.

It doesn’t help that the criminal justice system is hard to navigate. Even one wrong move could turn the odds against you. So you shouldn’t engage in any legal battle without sound advice and representation.

That’s why you’ll want to get the help of experienced criminal lawyers Perth residents trust. They have the legal knowledge and skills that can make or break your case. If you’re still in doubt, here are a few reasons why you’ll need their help in case you’ve been wrongfully accused:

The Law Is Complicated

If legal procedures were straightforward, then there would be no need for lawyers at all. Unfortunately, the law is quite complex and difficult to navigate. To further complicate matters, what’s expected of lawyers is also constantly changing and evolving. Most people don’t have the time to keep up with these changes, much less the background to fully comprehend them.

It takes years of studying and experience to know the ins and outs of criminal law. In cases like these, it’s more practical to hire a criminal lawyer to walk you through the process.

Representing Yourself Is Risky

You may feel hesitant to hire a criminal lawyer because of the potential costs involved. But going to court without legal help is like going into battle without the proper equipment.

Without legal expertise, representing yourself could lead to disastrous results. You could end up incorrectly charged or sent to prison. Additionally, there could be other serious ramifications that could ruin your life. For instance, you may be disqualified from obtaining or holding a driver’s licence. You may also be turned down when applying for jobs due to having a criminal record.

Fortunately, a criminal lawyer can help you avoid landing into these situations. Hence, the initial investment greatly outweighs the costs of being wrongfully found guilty.

Police Interviews Are Tricky

Upon arrest, you’ll usually undergo a police interview as part of standard procedure. But you may be too rattled and anxious by the situation to think straight. If you don’t know the right words to say, you might end up making the situation worse. And you can’t exercise your legal rights if you don’t know what they are.

That’s why it’s a good idea to have a criminal lawyer present as you talk to the police. They can tell you what the police can ask you and what you can refuse to answer. And in case they send you to prison, your lawyer will know what to do to arrange for your bail and get you out of there.

The Rules of Evidence Are Complex

Without knowing the rules of evidence, you might ask the wrong questions in court. The prosecution may take advantage of this by finding holes in your line of questioning.

But a good criminal lawyer knows how to frame their questions and avoid objections. They'll also come to the courtroom with a solid cross-examination strategy. If the prosecution objects, your lawyer will know how to defend their questions. The answers you can gain from effective questioning can significantly strengthen your case.

If you find yourself up against a false accusation and don’t know what to do, there’s nothing wrong with asking for legal help. With such a dire case on your hands, it’s best to reach out to a criminal lawyer to represent you as soon as possible. Their legal expertise can completely change the results of your case for the better.

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https://www.lawresolution.com/blog/4-reasons-its-in-your-best-interests-to-get-a-criminal-lawyers-help/EditorThu, 12 Mar 2020 23:12:22 -0400How AB5 affects Uber and LyftThe destruction of the AB5 law has wreaked havoc on the gig economy, and many people have fallen victim to it from freelance writers to freelance photographers to musicians to drivers for Uber and Lyft. The devastation in its wake has left hundreds of thousands of people without a job in California. Their entire income gutted in a single night because of a selfish woman's passing of the bill known as AB5.

The Responsible: Lorena Gonzalez

Meet the California politician responsible for the passing of AB5. Lorena Gonzalez, a short-sighted Democrat representing the 80th assembly district passed this bill that forever negatively changed the landscape for Uber and Lyft drivers. Some believe she allegedly and corruptly passed this bill because of union funding, but most people want the option to participate in a union, rather than being forced into one. People have lost homes, and all we can do is call it Lorena's success story.

Fierce Political Battle Erupts

For those on the receiving end like Uber and Lyft drivers, the argument was that they should be classified as employees, rather than independent contractors. Uber and Lyft joined forces with DoorDash, and they have vowed to spend up to $90 million on passing a ballot initiative that will exempt their workers from this destructive bill.

How Does This Impact Drivers?

While the ferocious fight has begun to exempt drivers, this may not happen if ever where they will get excluded. It could take at least several months before it gets passed. While some Uber drivers support being unionized, you have others who don't want this. Some legal challenges could arise as a result of this bill getting passed. If this bill stays in place, for example, it could mean that hundreds of drivers will lose their jobs because of how Uber and Lyft can't afford to keep them on.

How Passengers will Suffer

Much of this comes down to speculation, but passengers will see it as less convenient for them to order through the app because of how the number of drivers will most likely plummet. As an employee, this could be beneficial to drivers in some ways if they can manage to keep their jobs, but not everyone will be able to keep their jobs because of the costs of keeping employees over keeping independent contractors.

In addition, some drivers would hate it because of how they will lose the flexibility to schedule their work as they see fit. As a passenger, Uber and Lyft will most likely raise the costs of the fares to deal with the higher costs.

Ignorant Bill Harms the US Economy

Perhaps in the world of daydreamers and the delusional, everything could be fair to everyone, but the reality is that those who work as independent contractors will most likely lose their job because of this bill. Not to mention, the enforcement of this law will be difficult for regulators because of how you have a range of obstacles. Without enforcement, they will still have a difficult time making this a reality.

Employees Cost More

Experts give an estimate of a 30 percent higher cost to workers who classify as employees over independent contractors, and that's why many businesses can't afford to keep them on. This means that Uber and Lyft could have to pay millions of dollars more every year. The cost-shaving measures could get accelerated if AB5 remains in place, and the company has already laid off 800 employees because of AB5. While raising the prices could help to offset some of the costs, it will also mean that fewer passengers will choose to ride with the app.

The Biggest Victims

Lorena Gonzalez has harmed thousands of people with the passing of AB5. The biggest victims don't come from the corporations, but it comes from the people who previously had a job. If more drivers get laid off because of this law, it will mean that they have fewer rights because they couldn't be afforded to be kept on. Not to mention, the American dream has always been one where we have a right to choose our type of work. With the passage of AB5, many workers will lose their right to choose their hours, and they will have to work as employees under the new law.

With the passing of AB5, an era of cheap rides in the city may soon come to an end. Even people in other states have begun to pay attention to this frightening law because of how it guts your freedom to work as you wish, and it could even mean a potential loss of income. The consequences of this bill could be huge considering how the gig economy is worth approximately $455 billion in total. This bill will make it harder for businesses in general, which is why we have to fight this on a broad level for everyone who has been affected.

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https://www.lawresolution.com/blog/how-ab5-affects-uber-and-lyft/EditorTue, 25 Feb 2020 23:39:19 -0500The Process of Appealing a Medicare DecisionMedicare is the primary insurer for most seniors, and for the most part, people are very satisfied with their Medicare coverage. Sometimes, however, Medicare gets it wrong—they deny a service you’re pretty sure they should cover.

It’s frustrating when you think Medicare made a mistake, but you’re not without options. You have the right to appeal any decision made by Medicare, Medicare Advantage, or your Medicare Part D Prescription Drug Plan.

What Medicare decisions can I appeal?

Technically, any coverage decision made by Medicare or your Medicare Advantage or Part D plan can be appealed, whether they happen before or after a service is received. For example:

You visit the doctor for a routine wellness check and he decides to run some blood tests. Medicare pays for the doctor’s visit but denies the blood work because they didn’t think it was medically necessary.

You visit an urgent care center while you’re traveling and your Medicare Advantage HMO denies payment because the provider isn’t in the plan’s network.

Your Part D plan won’t pay for a more expensive brand-name medication even though your doctor believes the generic medications won’t be effective for your condition.

How do I appeal a decision by Original Medicare?

You have 120 days after you receive your Medicare Summary Notice to file your initial appeal. You can either download and print the Medicare Redetermination Form or write your appeal on a piece of paper.

Explain clearly why you believe Medicare should pay for the item or service. Ask your doctor to write a letter to support your appeal. Include any additional information you think might help Medicare better understand the situation.

If you don’t use the Medicare Redetermination Form, make sure you include your name, Medicare ID number, and phone number on your written response. Mail your paperwork to the address at the bottom of your Medicare Summary Notice—and remember to make copies of everything for your files.

If Medicare doesn’t reverse its decision, you can request a “reconsideration,” which is the second level of appeals. The instructions for filing are included in the notice you receive from Medicare.

You can escalate your appeal to an Administrative Law Judge and even federal court if the disputed amount is above a certain level. Instructions for escalating to the next stage are included on your notice from Medicare.

How do I appeal a decision by my Medicare Advantage plan?

Even though Medicare Advantage plans are administered by private insurance companies, you don’t lose any Medicare rights, including the right to appeal a coverage decision.

Most plans allow you to initiate an appeal online from your member account. If you don’t have an online account, contact the member services department. They will be able to help you file an appeal.

If your plan doesn’t decide in your favor, you have the right to request an independent review. From there, you can also escalate to an Administrative Law Judge and the federal courts if the disputed amount is high enough.

How do I appeal a decision made by my Part D prescription drug plan?

Part D plans are administered by private insurers, so you should consult your plan booklet or online account to see how to handle complaints about your drug coverage.

If your doctor orders a prescription that isn’t on your plan formulary, or list of covered medications, your doctor can call the plan and request an exception, as long as you haven’t already filled the prescription.

Once you buy the medication, you need to file your request in writing. If it’s approved, you’ll be reimbursed for the covered portion.

Part D plans have seven days to respond to a request for an exception. However, if your doctor believes your life is at risk if you don’t get the medication, he can request an expedited decision.

If your plan doesn’t approve the exception, it will notify you in writing. Instructions for escalating your appeal to the next step will be included with your notice.

Where can I get help filing an appeal?

Your State Health Insurance Assistance Program (SHIP) is a great resource for help with Medicare issues. Although you aren’t required to hire a lawyer to file a Medicare appeal, you may want to get professional advice, especially if the amount of the claim is significant.

Danielle K. Roberts is a Medicare insurance expert and co-founder at Boomer Benefits, where her team of experts help baby boomers with their Medicare decisions nationwide.

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https://www.lawresolution.com/blog/the-process-of-appealing-a-medicare-decision/EditorWed, 05 Feb 2020 08:59:59 -0500What to Do if a Police Officer Asks You to Take a Breath Test in a DUI CaseGetting stopped by a police officer for DUI is never a circumstance that a person plans for. The presence of a police officer can certainly be very intimidating and a person is never quite sure how to handle the situation. Certainly, after the fact a person is able to reach out to a DUI lawyer and have him or her give guidance in the process. But what about the decisions that one must make on the side of the road? Should a person agree to provide a breath sample?

Implied Consent

When a person is issued a license to drive in most states, he or she implicitly grants permission for a law enforcement officer to obtain a sample of his or her breath in order to determine his or her level of intoxication and blood/breath alcohol content. This is the case under the law of most states as well as federal law. The practical effect of this is that the government can punish a person for the refusal to provide a breath sample. The punishment usually involves a lengthy suspension of a person’s license to drive, and in some states, an additional steep civil penalty or fine. This downside must be balanced against potentially highly criminal evidence being provided by way of a breath sample. The DUI lawyers at our firm have often seen breath alcohol tests as high as .35. As one can guess, if a person’s breath alcohol level is going to be extremely high, it may be better to simply refuse the test. If a person realistically believes the test can be passed, it is better to provide a sample.

A Warrant for a Blood Test

If a driver refuses to provide a breath sample at the request of a police officer, it may be the case that the officer will seek a warrant from a judge to draw a blood sample for testing. In such circumstances, a person cannot lawfully refuse or prohibit the officer from drawing the sample. The sample will be taken by a blood tech, phlebotomist or sometimes an EMT. A warrant for a blood test is not the preferred way of obtaining a sample by law enforcement. This is because obtaining a warrant often takes more paperwork and delay in a case.

Different Types of Breath Alcohol Tests

Drivers are often surprised that there are two different breath alcohol tests that can be given to a suspected impaired driver. There is the portable breath test (or PBT) and the stationary test that is given once a person is arrested and brought to the police station. The PBT is typically not admissible in court because it does not include scientifically reliable protocols and technology to make it sufficiently accurate. The test is usually given by a police officer to assist in making a rough estimate about a person’s breath alcohol content. In most states a person has a right to refuse a PBT, although the fact of the refusal may potentially be considered in court. The second type of test, i.e. the stationary instrument, is done at the police station itself as opposed to on the side of the road. This test is usually obligatory, and the refusal of which is generally grounds for the suspension of one’s license to drive. A breath test in a stationary device is usually preceded by an “observation period” where the officer insures that an individual does not put anything in his or her mouth for 15 minutes prior to the test. During this period at the police station, and officer will often allow the person to make a phone call. This is usually a good opportunity for a person to reach out to a DUI attorney if that is possible. Contact Spokane DUI lawyer Steve Graham for more information on breath tests.

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https://www.lawresolution.com/blog/what-to-do-if-a-police-officer-asks-you-to-take-a-breath-test-in-a-dui-case/EditorMon, 03 Feb 2020 02:49:27 -0500Going through a Divorce in Illinois&hellip;Can I Sell the House?Home ownership is huge. One of many married couples most memorable accomplishments. However, selling a house is huge, too. Especially, during a divorce in Chicago.

For most, a couple’s biggest asset is their home. As such, the title and a mortgage is usually shared by the couple. This often becomes a bone of contention in a divorce. Going through a divorce can be emotionally taxing and attitudes may flare.

After being unhappy for a period of time, one party usually moves out of the home. When separation is ripe, arguments may arise over who is going to stay in the house and who is going to pay the mortgage. Whichever party stays in the house will be expected to make mortgage payments, while the other may not be required to pay for any costs associated with the home while not living in the home. Neither party may jump to sell the home alone. Selling the marital home will always be a joint project.

This type of situation can go on for at least two years. Just imagine the emotional turmoil. Couples can avoid this by filing a motion to sell the marital residence. Illinois statute allows a court to “make judgments affecting the marital property, and may enforce such judgments by ordering a sale of martial property, with proceeds therefrom to be applied as determined by the court.” 750 ILCS 5/503(i). Of course, if the home is not deemed to be marital property, this doesn’t apply and the home can be sold whenever by the rightful owner.

To expedite the process, if either party wishes to keep the home, that party would need to offer a settlement shortly after the motion is filed. When both parties want the home, the home will usually be sold and the profits divided.

When a couple can’t agree, the court will appoint a real estate agent to sell the home. If it’s possible for both parties to agree on a realtor and selling the house, you should check out a qualified local realtor. Realtors should offer superb services and handle these situations with care. The court will likely also decide how the home will be sold to ensure the process doesn’t take an extravagant amount of time. After the sale of the home the proceeds will be held until the final division of marital assets is made.

If you have questions about selling your marital home during a divorce call a Chicago divorce attorney today for a free consultation.

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https://www.lawresolution.com/blog/going-through-a-divorce-in-illinoishellip-can-i-sell-the-house/EditorSat, 01 Feb 2020 22:16:00 -0500Illnesses Covered by The Disability Discrimination Act?Disability discrimination occurs when someone is treated less well or placed in a disadvantageous position because of a reason that is related to their disability. Discriminatory treatment can be the application of a specific rule/policy or the existence of physical or communicative barriers that reduce the accessibility of something that is accessible to everyone else. For discriminatory treatment to be considered unlawful, it does not necessarily have to be intentional.

Types of disability discrimination

Discrimination can be categorised into various types and applications of discrimination. We will go through these below;

1. Direct discrimination

A disabled person experiences this kind of discrimination when they are treated worse than someone who does not have a disablilty in the same situation.

2. Indirect discrimination

This happens when an employer has a specific way of working or a policy that has a heavier impact or is different for disabled persons. This kind of discrimination is considered unlawful unless the employer has a reason as to why they are using such a policy.

3. Failure to make reasonable adjustments

The equality act states that organisations and employers should make reasonable adjustments to ensure that people with disabilities enjoy the ease of accessibility to various services and resources just as a person without disabilities would.

4. Harassment

This occurs when someone is treated in a way that makes them feel humiliated, degraded, or offended. A good example of this is when an employee is frequently called names or sworn at within their place of work because of their disability.

Harassment is never justifiable. However, you cannot sue an employer or organisation if they prove that they did everything they were capable of doing to prevent the harassment from taking place. Nonetheless, you are able to sue the harasser for bad treatment if this action is needed.

5. Victimisation

Someone feels victimised when they are treated in a bad manner just because they made a discrimination complaint under the equality act. Victimisation can also occur when you support an individual that has filed a discrimination complaint.

Here are some good examples:

An employer threatens to dismiss a disabled employee if they fail to withdraw their disability discrimination complaint.

An employer threatens to sack an employee because they think that the employee is supporting their colleague’s complaint of discrimination.

What counts as a disability?

Most people think that some conditions such as autism and others are not covered under the equality act, but the truth is that they are. According to section 6 of the 2010 equality act, someone is disabled if:

They have a mental or physical impairment

The individual’s impairment has for a long time had an adverse effect on their ability to carry out daily activities

There are some impairments that are automatically recognised as disabilities. These impairments include but may not be limited to:

Long-term disfigurements that are severe, such as skin disease or severe facial scarring

Conclusion

The above is everything you need to know about the 2010 equality act and how it covers those with disabilities. It is recommended that you seek professional assistance if you are not sure whether your impairment is long term or substantial. That way, you can come up with a plan that should make it easier to live a comfortable life.

If you would like to find out more about disability discrimination or you have been involved in discrimination, get in contact with Oxford Employment Law Solicitors and see how we can help you. To contact them visit their contact page or phone on 01865 487 136.

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https://www.lawresolution.com/blog/illnesses-covered-by-the-disability-discrimination-act/EditorFri, 31 Jan 2020 07:35:35 -0500What a Private Investigator Can Do For Your Business

Contrary to what’s portrayed on television detective shows, private investigators do much more than sit in their cars and follow people around all day.

These are highly trained individuals, often with backgrounds in both the military and law enforcement. They have skill sets that range from simple surveillance all the way to first class security techniques and even special on-line investigative talents.

Many private investigators make their living simply by taking on jobs requested by individuals and the courts, but the majority have at least a few business clients as well. The majority of PI's do keep busy proving infidelity, but there are a number of other things they can do.

So having a well regarded, licensed private investigator on retainer, or at least on your private phone list, is always a good idea.

These highly trained and competent individuals can help you in many ways, including:

Background Checks

In regards to personnel decisions, private investigators can look into any person or persons you’re thinking about hiring for your company.

The type of investigation required will likely depend on the importance of the job that’s under consideration, but it’s always a good idea to know the type of people you’re hiring before putting them into any real positions of authority.

Surveillance

This can involve many different methods and techniques, again depending on the needs and wants of the employer.

Perhaps an employee’s filed a disability claim and you suspect he or she may be embellishing the truth. Hire a private investigator to follow the person around and determine for sure what’s going on.

You can even hire an investigator to go undercover in your place of business and conduct surveillance, to be sure your employees are doing the jobs they’ve been hired to do.

Secret Shoppers

If you run a retail establishment, you know first hand that your employees are going to be on their best behavior whenever you’re on site.

But if you really want to know how they’re doing in terms of customer service, hire a private investigator to visit your place of business. He can interact with your employees and determine what kind of service they’re giving to your customers.

Collections/Repossessions

This is a job that many simply don’t want to do. So instead of training one or more of your employees to do this unpleasant task, why not just hire a private investigator to do the dirty work for you?

Investigators can assist you in recovering bad debt, in accordance with the law. They can also help you in recovering vehicles, equipment and more, as long as all legal paperwork is in place ahead of time.

Courier Services/Serving Documents

If you need documents delivered from place to place, private investigators are a good option for this type of work. They can even transport employees and clients, if needed.

Additionally, many private investigators are licensed and can legally deliver court documents to other parties in a lawsuit. If this type of service is needed, a licensed and professional private investigator is almost certainly your best option.

Termination Services

If you need to fire someone and you’re worried it might not go well, you could have a private investigator on site to ensure that the terminated employee is removed from the premises without incident.

They can even accompany the employee home to retrieve any company documents or equipment, if necessary.

Security Checks

If you want an impartial evaluation of your company’s security systems, private investigators have the training and the abilities to professionally and thoroughly conduct these types of services.

They can check your surveillance system, be sure all doors are properly secured and even conduct interviews or evaluations of employees you suspect might not be what they claim to be.

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https://www.lawresolution.com/blog/what-a-private-investigator-can-do-for-your-business/EditorFri, 31 Jan 2020 06:16:52 -05005 Reasons a Personal Injury Consultation is Critical After an AccidentYou’ve seen the amped-up ads on TV and radio. You’ve heard the jokes about personal injury lawyers being ambulance chasers. But, it turns out, consulting an expert after an accident is a really, really good idea. Why?

1. You’re Not Prepared for This

Nobody plans to be in an accident. How many times have you heard people hurt in a car crash say: “They came out of nowhere!”

You’ve experienced serious trauma. Do you really think that you’re in your best frame of mind to make life altering decisions?

When I meet with accident victims I do not charge a fee for the consultation. Why? My number one priority is ensuring you get real answers after your accident. If I think I can be of service, I’ll lay out your options. And even if I can’t help with your specific situation, I’ll still provide as much information as possible so that your family can make good decisions during this difficult time.

Remember that experienced personal injury lawyers have attended law school and helped other families in similar circumstances before. I know the ropes and will provide you with better advice than any google search because I can apply my knowledge to the specific facts of your accident.

2. Your Family’s Financial Future is on the Line

Your injuries may prevent you from returning to work. Even if you’re able to return, you may not be able to do the same work as before. The best case scenario is that you miss a few weeks from work while you recover.

Is your family ready to absorb the lost income from missed time at work? What if you miss more time or have to take a pay cut to remain gainfully employed?

Do you know if there are long-term injuries associated with your accident? Many of these injuries do not become apparent until months or even years after your accident.

You need an advocate that understands the potential short and long-term costs of your accident. Otherwise, you might accept way less than you need to make up for the financial difficulties ahead of you.

3. The Insurance Company Knows More than You

When you pick up the phone and talk to an insurance adjuster, you are stepping onto their turf. They have dealt with thousands of claims.

State Farm likes to say: “We know a thing or two, because we’ve seen a thing or two.”

This is doubly true for the people you talk to when you file a claim on your own. STOP! Don’t talk to the insurance company before you consult a personal injury attorney. You can’t afford to accept less than the full-value of your personal injury claim - even if they do promise to pay you quickly in cash.

The waiver you sign when you accept a cash settlement on your claim may prevent you from seeking additional compensation if your medical expenses or lost income is more than anticipated.

4. The Consultation is Normally Free

Different personal injury firms have different policies. The May Firm, where I am a founding partner, does everything in our power to minimize out-of-pocket expenses for our clients.

A high-quality personal injury attorney will meet with you for free. They will travel to meet with you (within a reasonable distance from their law office). They will listen to your side of the story and review any information you have. Then they will outline your options.

Even if they can’t handle your case personally, they should provide you with some general advice based on the specifics of your accident. This can be invaluable when dealing with the insurance company and the people responsible for your injuries.

5. Legal Fees are Only Collected After You Win

When a reputable personal injury lawyer agrees to represent you, they will present you with a contingency fee agreement. Normally the law firm is paid a percentage of the funds they recover.

A contingency fee agreement empowers you to access the best legal representation possible, without worrying about upfront legal fees.

Some law firms, like ours, will help connect you with physicians and treatment specialists that agree to see you without charging an upfront fee. They will be paid from the proceeds of your personal injury claim.

You and your family need access to all the resources available to you after an accident. This is a difficult time and you shouldn’t let the insurance company take advantage of you by pressuring you into a low-ball settlement that fails to cover all of the short and long-term costs from your injuries.

Filing a personal injury claim can be a complex process. If it seems too easy, you’re probably being taken for a ride. Seriously, hit the brakes and talk to an expert before you sign anything. Your family’s financial future may depend on it.

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https://www.lawresolution.com/blog/5-reasons-a-personal-injury-consultation-is-critical-after-an-accident/EditorSun, 26 Jan 2020 22:36:10 -0500Claiming Workers&rsquo; Comp Benefits: When Do You Need to Hire a Lawyer?Generally, you do not need to hire a lawyer when claiming your workers’ compensation benefits. You can do this all by yourself.

The process is really quite simple: you report your injury, file the necessary forms, complete your medical requirements, then once everything is settled, wait for your employer to give you your benefits.

However, while the process is not simple, it is not always easy. In some cases, your claim will be questioned or even denied altogether. And even if you got your claim, it is possible that you are not receiving the correct amount of benefits. In these instances, it is best that a lawyer will help you in your claim and represent you in your interest.

If you are wondering when to hire a lawyer, here are 6 instances when hiring a lawyer is preferable or even recommended.

Your claim is denied

If your claim is denied, and you think that your claim is valid, then it is time to hire a lawyer to represent your case. But, it is important to know some reasons why your employer may deny your claims. Here are some of the reasons:

You filed late

You have no witnesses

Your injury is not work-related (at least, that’s what they think)

You have an illegal substance present in your body according to your medical records

Your accident form and medical records don’t match

So, review your case first before hiring a lawyer. You can also request a free consultation with a lawyer – usually this happens within 30-40 minutes – so you can assess if you have a winning case, and if you need to hire a lawyer or not.

You think you are not receiving the correct amount of benefits

If you are thinking that you are receiving the correct amount of benefits, or if you simply wonder if you can get more from your workers’ comp benefit, then hiring a lawyer is preferable because he/she can assess your case on whether or not you are not receiving the correct amount of benefits.

You think you are incapable of working on any job after you got injured

In these situations, your employer should give you vocational rehabilitation (aside from medical benefits) so that you can learn new skills and be employed in a new job role. If they didn’t provide you the necessary vocational rehabilitation, you will need a lawyer to raise your case.

Your injury is moderate to severe (and may require surgery)

There is fine line between getting injured and getting severely injured. Typical injuries require just enough of medical treatment, and you should be fine after a certain period of time. And for the most part, your employer is willing to help you with that.

But if your injury severe (regardless if it requires surgery or not), your employer may not provide you the required benefits because it is costlier than the average injury.

A workers’ comp lawyer will help you secure your interest by making sure you get the ample treatment from your employer.

You would like to dispute your employer’s or his/her insurance company’s decision

Disputing your employer or his/her insurance company’s decision is a highly legal matter. It is important you have a lawyer by your side in these situations.

You are simply not comfortable in filing your workers’ compensation alone

As you can see, you do not even need a solid reason to hire a lawyer. If your reason is as simple as you’re not comfortable, then by all means, hire a lawyer who can help you!

Quick Tip: Free Consultation

Regardless of the circumstance, it is important you ask for free consultation from your lawyer before hiring him/her. In this free consultation, your lawyer will assess your case and will advise you on whether hiring a lawyer is suitable for your case or not.

In case you need a lawyer, LG Law Firm have the best, experienced and trusted workers’ compensation and work injury lawyers who can help you with your case.

If you need more legal information, we recommend you check out LegalFacts.org. They publish quality articles with the aim of helping people get educated on legal concepts by simplifying such concepts.

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https://www.lawresolution.com/blog/claiming-workers-comp-benefits-when-do-you-need-to-hire-a-lawyer/EditorMon, 20 Jan 2020 23:06:42 -0500How to get the most from a truck accident claimIf you are like most car drivers, you keep your distance from trucks. They are large and powerful vehicles that do not move and manoeuver as cars do. Truck drivers must go through a rigorous training and qualification process before they are allowed on the road. Most of them are safety conscious and are aware of their responsibility to other drivers. However, this is not always enough to prevent a truck accident. Other factors can contribute to increasing the risk of a collision. And if you have been injured in such a crash, you should enlist the help of a truck accident lawyer.

Why You Should Seek Compensation After the Accident

Few people walk away from a truck accident unharmed. Even if you were not involved in a head-on collision with an 18-wheeler, the force and power of trucks tend to crush cars or throw them off the road or send them crashing into other vehicles. It is the kind of accident that will cause injuries that can only be treated in a hospital.

Truck accident injuries can include facial lacerations, broken bones, head injuries, spinal cord injuries, and internal bleeding. Such injuries require extensive and complicated treatment regimens, including multiple surgeries. You may also need to undergo a prolonged rehabilitation period and spend even more time on medication.

The medical bills from a truck accident can be overwhelming. If you are like most people, you will not have enough money to pay the expenses accumulated while in hospital. You will also be financially handicapped by the fact that you cannot work. This combination of factors can put tremendous stress on you and your family.

When you are feeling better, your lawyer will sit down with you and take down the details of the accident that you recall. You need not remember everything. The lawyer needs just enough information to get a sense of what happened. They will gather the remaining facts through their own investigation.

If it is clear that the truck driver was at fault for the accident, your attorney will present you with a range of options to get compensation. You should work with your attorney to pursue one of them. The accident was not your fault, you were severely injured because of it, and someone should be held accountable for what you have had to endure. These are reasons enough to seek compensation after the accident.

Who Should Be Held Responsible?

In the end, you will not get money from the truck driver, but from the company they work for. Trucking companies are liable for driver accidents. It is often the case that truck accidents are not caused by driver negligence but by the unethical and illegal conditions they are forced to work under.

Most states mandate that drivers must have a period of rest after a certain amount of time on the road. In the name of profit and greed, many trucking companies give their drivers every incentive to break these rules. Companies who engage in this kind of exploitation should be made to pay.

Maximizing Your Settlement

The aim of your lawyer will be to maximize the amount of money you get from the truck company. In order to do this, they will need complete control of the case. You should not do anything that will undermine their work.

You should speak to an attorney as soon as you can. Evidence can vanish. The longer it takes for you to contact a lawyer, the harder it will be for your attorney’s private investigation and accident reconstruction teams to gather the facts needed to prove how the accident unfolded. There are also important deadlines to meet. If you are forced to file a lawsuit to get money, you must do so before the statute of limitations expiration date.

You should also refuse any settlement offer made to you by an insurance company. The truck company will want to wrap the matter up quickly. To this end, they may instruct their insurance company to offer you a low-ball settlement. With bills piling up, you may be tempted to take the money. You should resist this inclination. In fact, you should refer all inquiries by insurance companies to your attorney. They are best placed to know whether an offer is serious. You should also give all documents sent to you to your attorney. Don’t sign anything without consulting with your lawyer.

Your lawyer will determine the value of your settlement claim by speaking with your doctors about the extent of your injuries and prospects for recovery and talking to you about the income you will be deprived of. They will come up with a dollar figure that they will then take to the trucking company. It may not be necessary to sue them. If the company is willing to negotiate a sum of money that is near enough to your demand, then the matter can be concluded without a lawsuit. However, if the company refuses the demand outright or stalls for time, then your lawyer will advise you to file a lawsuit.

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https://www.lawresolution.com/blog/how-to-get-the-most-from-a-truck-accident-claim/EditorFri, 20 Dec 2019 21:49:59 -05003 Steps of Filing a Birth Injury LawsuitBirth injury malpractice lawsuits can be based on a wide variety of causes. Conditions such as cerebral palsy and Persistent Pulmonary Hypertension of the Newborn can result from a difficult birth or because of negligence on the part of a medical practitioner. What can make birth injury cases more complicated is that often there is a lapse between when the injury occurs and when it is finally recognized and diagnosed.

Hiring an Attorney

The first step in filing a birth injury lawsuit is hiring a birth injury lawyer. Attorneys may specialize in specific types of birth injuries or in birth injury cases in general. An attorney can help you review medical records and gather evidence to determine if filing a lawsuit is the best option. Your attorney will assist you with working within the statute of limitations.

Those statutes vary widely from state to state, especially in cases involving minors. Most states have some window of time after the injury is discovered. This can range from two to ten years. Some states limit filing on behalf of a minor to a specific age. In Virginia, minors below the age of eight have until their tenth birthday regardless of the date of the injury.

This can be crucial in the case of birth injuries. As soon as the damage is discovered is when the statute of limitations begins. If you don’t act during that time, your window to file a birth injury lawsuit has closed. A birth injury lawyer can advise you on the best way to move forward, given the laws in your state.

Discovery Process

Once a lawsuit is filed, the next step is to work with your attorney to review medical records and gather evidence. Your attorney and lawyers representing the physician or medical practice are required to share evidence with each other. This process is called discovery. It can take some time to complete, but once it is finished, both sides have a complete picture of the case. You will have a better idea of your chances of winning.

Settlement or Trial

This is where the possibility of negotiating an agreement comes into play. That process can continue right up until a case goes to trial. If a settlement is reached ahead of time, then the trial is unnecessary.

However, when you’re negotiating a settlement in a birth injury case, there are a lot of considerations. You must take into account the cost of any medical treatments your child might require while they are a minor, plus consider the future. Is the birth injury to the extent that your child will require lifelong care that might extend beyond your own life?

Such questions need to be taken into account as you work with an attorney. Whether there is a settlement or a trial, in a birth injury case, there are usually trusts or annuities established to make sure that the child receives benefits that extend into adulthood, if necessary.

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https://www.lawresolution.com/blog/3-steps-of-filing-a-birth-injury-lawsuit/EditorFri, 13 Dec 2019 09:09:30 -0500The Dangers of Aggressive DrivingDelays caused by traffic congestion, roadwork, or other issues are an unavoidable part of modern life. Unfortunately, some drivers allow their annoyance and frustration to affect their driving, resulting in dangerous, aggressive behaviors that can easily lead to serious accidents. Fortunately for people who are injured by aggressive drivers, a car accident lawyer can often help them recover compensation for their accident-related losses.

What Is Aggressive Driving?

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “any combination of traffic offenses or general behaviors that endanger persons or property.” There are a wide variety of behaviors that can constitute aggressive driving, some of which may also qualify as traffic violations. Some of the most common forms of aggressive driving include the following:

Speeding

Following too closely

Sudden lane changes and weaving in and out of traffic

Gesturing or shouting at other drivers

Blocking traffic

Unnecessary honking

Cutting other drivers off and then slowing down

Blocking other drivers from passing

Running red lights

Improper turns

Aggressive Driving Puts Everyone on the Road at Risk

These and other examples of aggressive driving put everyone on the road at an increased risk of involvement in an accident. When aggressive driving causes collisions, it can result in serious injuries to everyone involved, not to mention significant damage to the vehicles involved. Some of the more serious injuries that people can sustain in wrecks caused by aggressive drivers include:

Broken bones

Traumatic brain injuries

Burns

Spinal cord injuries

Serious soft tissue injuries

In many cases, people who are injured in accidents caused by aggressive drivers are unable to work for months or even years, resulting in lost income and opportunity. In the most serious cases, victims will never be able to work again and may require around-the-clock care and assistance, resulting in a lifetime of economic and non-economic losses. For this reason, it is critical that anyone hurt in an accident caused by an aggressive driver protect their legal rights by retaining an experienced car accident lawyer to represent them as soon as possible.

Aggressive Driving is Bad for Your Health

While it may seem fairly clear that aggressive driving can cause serious accidents, it may come as a surprise that it can also have a negative impact on your health. A 2016 study linked aggressive driving with heart disease, anxiety and stress, and high blood pressure. For this reason, it’s in your best interest to avoid getting angry and frustrated behind the wheel, even if your actions do not lead directly to an injury-causing accident. Some of the things you can do to avoid aggressive driving include:

Give yourself plenty of time to get to your destination

Do not engage with other drivers showing signs of aggression

Practice defensive driving techniques

If necessary, pull over so that you can calm down

Protecting Your Legal Rights after an Accident with an Aggressive Driver

In the event that you an aggressive driver causes an accident that results in damage to your vehicle, injuries, or both, there are certain steps that you should take to protect your legal rights. Here are 4 of the most important:

Call the police. If they determine that the aggressive driver committed a traffic violation, it can make your claim go much more smoothly.

Seek medical attention, even if you do think that your injuries are particularly serious. It’s critical to have an official medical records detailing your injuries in order to recover compensation.

Do not discuss your case with the other driver’s insurance company. The things you say could be used against you to justify lowering your settlement offer.

Contact a car accident lawyer as soon as you can.

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https://www.lawresolution.com/blog/the-dangers-of-aggressive-driving/EditorMon, 25 Nov 2019 22:04:41 -0500How to beat your OWI, DUI, or drunk driving charge.In every state it's called something a little different. But if you're caught drunk driving you're likely facing something called an OWI, OUI, DWI, DUI, or plain old drunk driving charge. In Wisconsin, we refer to drunk driving charges as operating while intoxicated (OWI) or driving under the influence (DUI).

This sound like an easy one, doesn't it? The average citizen is frequently shocked when they learn that drivers are frequently arrested for OWI by simply sitting in the driver seat of their vehicle. In Wisconsin, operating a motor vehicle while under the influence of an intoxicant or other drug is prohibited by section 346.63 of the Wisconsin Statutes. That law makes clear that "no person may drive or or operate a vehicle while" any of the following occur:

The defendant is under the influence of an intoxicant; or

The defendant has a detectible amount of a restricted controlled substance in his blood; or

The defendant has a prohibited alcohol concentration.

Driving and operating are requirements for the charge. Drive means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion. Operate means the physical manipulation or activation of any controls of a motor vehicle necessary to put it in motion. Frequently operate refers to putting the key into the ignition of the vehicle and turning it. That's a control necessary to put the vehicle in motion.

You drank too much. You are sitting in the front seat of your car. But the keys aren't in it. Are you committing a crime? Hopefully you recognize the easy answer here: no. But the cops aren't going to just assume you're innocent. They're going to ask you how you got there. They're certainly going to assume you drove. And if you admit to driving the vehicle there, you'll be on the hook for some questioning.

The officer didn't have a good enough reason to stop me.

Police need a reason to stop your vehicle. That reason is probable cause to believe that a crime is occurring, or reasonable suspicion to believe that the driver may be involved in the commission of a crime.

Probable cause refers to the "quantum of evidence which would lead a reasonable police officer to believe" that a traffic violation had occurred. Johnson v. State, 75 WIs.2d 344, 348. Put another way, it requires "the information lead a reasonable officer to believe that guilt is more than a possibility." Id. There's certainly an easier way to analyze this. The cop has reasons to support the belief a crime occurred. You're speeding. That's an offense. He objectively measures your speed. And then he stops you. Prior to the stop, he had probable cause to stop you for speeding.

Reasonable suspicion is a lower burden. When law enforcement lacks probable cause to arrest but has reason to believe an individual may be committing a crime, the officer may stop the individual for questioning. State v. Washington, 120 Wis.2d 654, 660. To support reasonable suspicion, law enforcement must have "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." Wendricks v. State, 72 Wis.2d 717, 723. This is certainly a lower burden. Law enforcement doesn't need to show that a crime is probably occurring. They need to show that it looks like one is. And that's certainly easier. For example: you were weaving in your lane; it was 2:30 a.m.; you were in a bar district. Certainly none of those factors are crimes, but taken together they may show reasonable suspicion.

The officer is lying

We'd absolutely prefer for the police to be consistently honest. Unfortunately, as drunk driving defense attorneys, we're intimately familiar with the inclination of law enforcement to lie. We've encountered lying officers regarding the following issues:

Red, glassy, bloodshot eyes on the driver. This is one of the frequent signs of intoxication. And cops love to describe drunk driving suspects this way. Booking photographs are important. If the cop saw red, glassy, bloodshot eyes at the time of the stop, they should still be there for booking. And if they aren't? We certainly have at least one way to attack the credibility of the officer.

The driving was fumbling for his license. Sometimes this is paired with "the driver refused to comply with the officer's commands." Let's face it: you're nervous. Nobody enjoys being stopped by the police. But there's a difference between being so wasted you can't find your documents and being nervous. Obviously officers want another reason to claim you appeared drunk.

Failing field sobriety tests. These tests are confusing. Rather than explain the test thoroughly, officers use confusion as another indication of failure of the test. Obtaining video of these tests helps us fight that point.

Hire the best drunk driving attorney you can afford.

This point is certainly the most important. You're not getting anywhere without a good defense attorney. Even if you can pick up the things we've talked about, you'll be unable to argue them in court. And unless the argument works, what happened really doesn't matter. Free forums and blog posts are wonderful. But without an aggressive mouthpiece, none of those things help your case.

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https://www.lawresolution.com/blog/how-to-beat-your-owi-dui-or-drunk-driving-charge/EditorSun, 24 Nov 2019 22:47:13 -05004 Reasons You Shouldn't Handle a Bankruptcy Case Without a LawyerGood Bankruptcy lawyers sometimes charge what seems like too much legal fees. And the temptation to pursue such a case without an attorney can be quite strong. But you must not succumb to the temptation because much is at stake.

According to Ron Chorches of chorchesbankruptcylaw.com handling such a complicated case unassisted is — in a sense — doing yourself a disservice.

The following are 4 reasons it's not a good idea to proceed with such a sensitive matter without an attorney.

You've Never Handled Such a Case Before

Have you ever wondered why employers always go for employees with a certain level of work experience under their belt? It's because of their experience, for the most part, which translates into valuable competence and expertise.

You, too, should use a lawyer with proven expertise and a high case success rate.

Imagine you’re being cross-examined by a Harvard-trained attorney with a 90% case success rate. How would that feel? Very intimidating, right? It's just not a good idea to proceed without a seasoned legal expert.

Complex Bankruptcy Law

It takes years of schooling in some highly respected law schools to become a licensed lawyer. And there's a good reason not everyone becomes one.

Let's face it: lawyers in general are a smart bunch of professionals, but you should always choose a specialist. If you do that, you'll tap into extensive understanding of the complexities of bankruptcy law.

Plus, seasoned attorneys know all the precedents of your case. How much do you know about this area of law?

If you're going to need to scour the web for bits and pieces of bankruptcy law, hire a lawyer instead. It's about you and your life, remember.

You're Likely Stressed out or Even Depressed

Who wouldn't get stressed out if they learned that they are facing bankruptcy?

You're pondering a million and one things. All these issues are racing through your anxious mind the whole time. And it can get overwhelming, which is where a competent lawyer comes in. Your attorney will worry about the most critical things so you can focus on the rest. Wouldn't that make the situation feel somewhat easier?

Teach yourself to save money on your own, but when it comes to handling your bankruptcy case make sure to seek legal guidance. Remember: if you go it alone, and anything goes wrong, you can't blame anyone else — you only have yourself to blame.